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Assignment 10: CHAPTER TEN: Answer the following question:
Police arrested a woman for murdering her husband. Once placed in the interrogation room, the Detective provided the woman the following Miranda warnings:
Detective: “You have the right to remain silent, and anything you say can be used against
you in trial. Do you understand that right?”
Wife: “Yes. That means I don’t have to talk to you if I don’t want to, right?”
Detective: “That is correct. Have you been read these warnings before?”
Wife: “Yes, I’ve been arrested a number of times before.”
Detective: “Ok, then you know at some time in the process the court will provide you an attorney, and
if you cannot afford one, you will be appointed and attorney. Do you understand that right?”
Wife: “Yes”
She then confessed to killing her husband by slowly poisoning him over one month, because he cheated on her. However, she would not sign her confession statement. Obviously, the defense attorney wants the court to determine the confession should not be admitted at the trial. If he files a motion to suppress the confession, how should the court rule?
Rule the confession is not admissible and keep the jury from hearing the confession because if she did not sign the statement, it could not be voluntary.
Allow the jury to hear the confession as she implied that she knew her rights by saying she had been arrested a number of times before.
Rule the confession is admissible and allow the jury to hear the confession, as the detective effectively advised the woman regarding her right against self-incrimination and her right to an attorney
Keep the jury from hearing the confession because the detective did not accurately advise the woman of her Miranda warnings.
You must select answer A, B, C, or D for your answer. When you select the answer, you must support your selection by materials from the text, and list the page number of the text which supports your conclusion. You must also explain why each and every one of the other three answers are incorrect.
Assignment 11: Sixth Amendment. The Sixth Amendment states:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
This amendment grants a defendant the right to a trial “,,,,,by an impartial jury of the state and district wherein the crime shall be committed….”?
What constitutes and impartial jury? (Please refer to the text to support your answer, do not simply give me your opinion of what you think would be an impartial jury.)
As the amendment requires the jury be impartial from the state or district where the crime was committed, should the jury mirror the make of the population of that state or district (Ex. If the district was 40% Caucasian, 25% African American, 20% Hispanic and 15% Asian,should the jury be required to be of similar percentages?) Why or why not? Support your answer by materials in the text.
Pursuant to this amendment, a Defendant (NOT the State) has the right to choose whether a jury determines her/his guilt, or whether a judge determines his/her guilt. Should this portion of the amendment be changed regarding public servants. Specifically answer the following:
Should police charged with brutality or homicide of an unarmed person be tried by juries in all cases?
Should public officials who embezzle money from the government be tried by a jury in all cases?
Should public officials who are charged with bribery or who use their office to gain insider information be tried by juries in all cases?
For part 3 you do not have to support your answer with materials from the book, but your answer must be cogent and well written.
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